1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7168 of 2025 • Dilip Kumar S/o Rajkumar, Aged About 23 Years R/o Nevra, Police Station - Surajpur, District - Surajpur (Chhattisgarh) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station - Surajpur, District - Surajpur (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddhant Tiwari, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.246/2025 registered at Police Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6), 296(b) of BNS, 2023. 2. Case of the prosecution, in brief, is that applicant namely “Aman Mittal” appeared at police station Surajpur on 21.05.2025 and lodged a report that on 21.05.2025 and lodged a report that on 20.05.2025 at about 7:45 p.m. when he was in his factory namely “Virat Solvent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.10 18:03:20 +0530 2 Pvt. Ltd.” in village Nevra approx 10 masons came there to work and demanded for there wages wasges and were told that the said wages would be paid on Wednesday from which they started shouting and about 8:15 p.m. 15-20 persons with rod, clud, stones became violent and started breaking the office and has caused injury to the complainant and his co-workers and so persons have flew with Rs.27,00,000/- in total with document kept in the bag of his brother “Ashish Mittal” upon report aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in crime in question. He further submits that there was some dispute took place between the applicant and complainant regarding wages, on account of which applicant has assaulted the injured with rod, club and stone resultently injured suffered various injuries and the injuries sustained by the injured are simple in nature. The applicant is in jail since 24.05.2025, the applicant has no previous criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the applicant has no previous criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 3 since 24.05.2025, the fact that the applicant has assaulted the injured who has suffered injuries on his body are found to be simple in nature, the applicant and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Dilip Kumar, involved in Crime No.246/2025 registered at Police Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6), 296(b) of BNS, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate 4 proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali